What to Keep an Eye On...

...what's new, changing, potentially changing or what you may have missed...

Whistle-blowing Legislation Announced Minister for Public Expenditure and Reform, Brendan Howlin, announced earlier this month the commencement of new legislation, protecting whistle-blowers. The Protected Disclosures Act 2014 provides a legislative framework for the protection of whistle-blowers in all sectors of the economy. The law will cover all employees, contractors, agency workers, members of An Garda Síochána and the Defence Forces. The law has been widely welcomed for drawing on international best practice and providing for a more comprehensive approach to whistle-blowing.

The new legislation is designed to support employees in coming forward with any genuine concerns in relation to issues of public interest while offering protection against any threat of sanction. A wide extent of “relevant wrongdoings” that can be reported include the commitment or likely commitment of a criminal offence, failure to adhere to legal obligations, threats to health and safety or damage to the environment, unlawful or improper use of public funds or any attempt to conceal or destroy information in relation to such wrongdoings.

A number of protections are afforded to workers who make a protected disclosure. This includes prohibiting an employer from penalising or threatening to penalise a person for having made a disclosure, interim relief in the event an individual is dismissed after making a whistle-blowing disclosure, safe-guarding of identity and access to the workplace relations bodies in order to seek re-dress. A penalty of up to five years of salary as compensation may be awarded.

Individuals will also have the option of seeking compensation through the normal courts in the event of an allegation of financial loss having made a disclosure.

Minister Howlin has described the legislation as "comprehensive" and said that it “sets a new standard in terms of international best practice for whistle-blower protection. It sends out a very strong message that whistle-blowers’ concerns must be listened to and acted on, and those who make such reports should not be penalised for doing so."

New Report from the European Transport Safety Council for Managing Road Risk at Work

The European Transport Safety Council [ETSC] published earlier this month a report targeting employers. The report provides an overview of the business case for employers to invest in a Work-Related Road Risk Management (WRRRM) programme. The report was developed by a multidisciplinary expert group that included The Health and Safety Authority.

The report has outlined that the financial and other benefits of managing work-related road risks can outweigh the costs of implementation as well as give employers a competitive advantage as well as fulfilling their legal compliance obligations. The report also covers a list of possible costs and the importance of introducing measures to reduce them.

Campaign for “Living Wage” to be increased to €11.45 an hour

The minimum wage in Ireland is currently €8.65; an amount campaigners are stating is too low given the high costs of housing, transport and other essentials. Recent figures have shown that one in six people living in poverty in Ireland has a job. This group is often referred to as the “working poor”.

At a recent launch, campaigners submitted that it is “vital to bridge the growing divide between those with good jobs and those in insecure, part-time and low-paid work”. The proposed rate of €11.45 was measured by a technical group who considered the price of more than 2,000 items considered necessary for an acceptable standard of living.

Minister for Social Protection Joan Burton has pledged to establish an independent commission on low pay and to advise the Government on minimum wage levels. Some Fine Gael Ministers have however expressed opposition to a wage increase on the basis it could prove to be a barrier to job creation.

€15 fee for Freedom of Information requests to be abolished

The Public Spending Minister Brendan Howlin, has announced the abolishment of the €15 fee for Freedom of Information requests.

Mr Howlin recently stated that "The €15 application fee will be abolished for all FOI requests and the Search, Retrieval and Copying fees will only apply where the preparation time for a request exceeds 5 hours. In other words, the vast majority of FOI requests will now be free of charge".